The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1887-04-16
If not, why not?

meant what 1t said.
1t is known of all men that under
our present laws the railroad commits
sioners have not the power 10 enforce
rates when fixed. Hence, every demo"
orat who voted the democratic ticket
last fall voted that such power shonld
be lodged in them, or somewhere that
would provide "speedy and equitable
settlement of disputes" &c.
The constitution of the state of Mis-
souri,, Article XII, Section II, says:as
1t snail not be lawful in this state for any
railway company TO charge for freight or pas
sengers a greater amount. for the transportation
of the same, for q less distance than the amount
charged for any greater distance, and suitable
shall be passed by the general assembly TO
enforce this provision; but excursion and com.
tickets may be Issued Il at special rates.
1t was thought wise to place this
language in the constitution, and the
provision to pass the necessary legisla-
ton to carry it out is mandatory. Shall
is the word employed; and every legis-
lator before he begins his duties solemn
ly swears to obey and carry out this
constitution.
In section IA of the same article the
language of the constitution Is as fol-
lows.
Railways heretofore constructed, or that may
be constructed in this state. are here
by declared public highways. and railroad COM
panies common carriers. The general assembly
shall pass laws to correct abuses and prevent
discrimination aud extoftion In the rates
OF freight and passenger tariffs on the different
In this state; and shall. from time 10
time, psss laws establishing reasonable maxi.
mum rates of charges for the transportation Of
passengers and freight on said railroads. and
enforce q l such laws by adequate penalties.
This section is full OF the mandatory
spirit. 1t contains the word shall as
to the legislature twice. Is this
section Of the constitution to be disre-
and the oath Of the legislator
held Tor naught, simply at the behest
Of the corporations, ~ hieh, now as al.
ways, do not wish to be brought into
to the constitution?
Section 20 of the same article OF the
constitution is in these words:
No president. director. officer, agent or en-
ploye Of any railroad company. shall be inter-
ested directly or indirectly, in furnishing ma
terial or supplies to such company, or IN the
IL .---t -
of freight or passengers over the works owned,
leased. controlled or worked by such company.
This is a wise provision in protect
ing the companies themselves from
rings within their own management
for the enrichment of favored indIvid-
uals at the expense of the mass of the
stockholders. 1t is also wise in pre-
venting such officers and agents from
controlling companies with which no
outside. independent operator can
hope to compete. Is it not, therefore,
proper to enact legislation to enforce
this provision OF the constitution?
The section following the n above
cited is as follows:
No determination in charges or facilities in
transportation shall be made between transpor-
tation companies and lndivlduals. or In favor
OF either. by abatement, drawback or otherwise
and no railroad company. or any lessee, mana
ger or employe thereof, shall make any prefer.
ence In furnishing cars OIL motive power.
Are not these provisions wise? Are
they not honest and fair? Then, if they
are wise, honest and fair, why moi
enact them into statute law. with such
penalties as will enforce their obser,
vance
The friends of railroad Legislation
In Missouri are not extremists. They
are not ~ignoramuses, either. They ar
the merchants, manufacturers ant
farmers OF the state, who have careful
ly considered the question for years
and who are tired of being put of BY
the specious arguments of the corpora
tions. They said last fall, with thei,
ballots, what they wanted, and they
propose to secure it, sooner or later
aud the sooner the better for all partie,
concerned.
1t Is not that there is too little Law
on the statute books. There is enough
aud even more than enough. 1t is moi
that the terms Of the present laws are
not sufficiently evere Many Of then
are SO. The trouble does not lie there
The difficulty is, that in the inexperi
ence of forming legislation for a com.
paratively new subject past legislature
have framed the laws too vaguely, an,
have failed to provide such penalties a
would insure their enforcement. Now
we have the experience-not only on,
own, but that of Georgia the foremos
state Of the south; Massachusetts, tn
leading state in New England; illinois
the great railroad state of the Union
and New York, the Empire state of tn
continent. Unlike congress with tn
Interstate commerce bill, We are e.
tempting no experiment, but trying t
secure laws proven to be wholesom
in all the states we have mentioned
And not only that, but with an exces
OF caution, We are treading in the legii
lative footprints Of the great state {
Illinois. whose constitution OH til
main point at issue ia in the identities
words OF u own, and which thrice
years ago, by the adoption of the la,
that we ask, settled the railroad ques
ton, and settled it forever.
No n whose opinion is worthy G
consideration desires 10 do the raj
ways any harm, but the people do d.
mand, that while an humble laborin
man ia punished for the crime he ma
commit when out on a strike, in xii
ing an engine Or burning property, th